Miley Legal Group

While no one can guarantee the outcome of a case, there are factors that can contribute to a greater likelihood of a successful West Virginia defective product claim. Having the help of an experienced and knowledgeable defective product lawyer in Clarksburg, West Virginia is one of the most important.

Defective product claims can be very challenging to prove. There are important considerations that must be in place in order to pursue this type of claim. It can also be a very time-consuming process, as evidence is collected and investigations are launched.

3 Important Factors in a West Virginia Defective Product Claim

Demonstrating Product was Defective or Dangerous

This is not always obvious. For instance in a case involving a gun, the weapon itself is considered dangerous. However, it may also be found to be unreasonably dangerous if it is beyond what is expected — such as having a trigger with a malfunctioning defect.

There are also cases in which even though a defective product is not used as it should be, you could still have a valid West Virginia defective product claim. An example would be a chair. While it is supposed to be used for sitting, it may be used to stand on in order to reach something high. If the leg was not properly installed, and it led to the consumer falling, although it wasn’t used as it was meant to be, it could still be considered a defective product.

Showing Physical Injuries from Defective Product

An important factor in a defective product claim is that an individual was injured while using the product. Injuries must be significant enough to warrant the pursuit of a claim. Using the example of the chair, even though it may have been defective, if the only injury suffered was some bruising, it wouldn’t warrant pursuing a claim.

However, a traumatic brain injury that results when an individual falls and hits his or her head could be considered significant enough. Injuries must be serious and justify pursuit of a claim.

Proving Defective Product Directly Caused Injuries

You must provide valid evidence that your injuries were directly from the defective product. If you were injured in a way that was unrelated, then you would not have a successful claim.